Hearing Today Will Explore Relevance of Judge Walker’s Sexuality

It’s doubtful that a judge’s sexuality has ever been the subject of so much legal maneuvering.

We’re talking about former judge Vaughn Walker, of course, whose recent disclosure that he is gay and in same-sex relationship has spawned arguments that he should have been disqualified from presiding over the case challenging California’s Proposition 8 ban on same-sex marriage. Walker ruled that Prop. 8 is unconstitutional.

The 9th Circuit is considering whether Walker’s sexuality may have compromised his neutrality in the case.

And today, San Jose federal judge James Ware will hold a hearing on the matter.

Backers of Prop. 8 are asking Ware to vacate Walker’s decision to strike down the voter-approved measure, contending that Walker should have recused himself or disclosed his relationship status before trial because he and his longtime partner stood to personally benefit from his ruling in the case, AP reports.